AMA Research Reveals 1 in 3 Physicians Face Lawsuit Risk, Driving Up Insurance Premiums Nationwide

A new AMA report released in 2024 found that nearly one in three U.S. physicians have faced a malpractice lawsuit during their careers, with higher risks among older doctors and surgical specialists. According to the AMA, these lawsuits have contributed to rising medical liability insurance premiums nationwide, increasing practice costs and healthcare expenses.

The risk of being sued increases significantly with age and specialty, with 45.2% of physicians aged 55 and older having been sued, compared to 11% of those under 45, according to the AMA report. Surgical specialists face the highest risk: 59.6% of obstetricians and gynecologists (OB/GYNs) and 53.1% of general surgeons reported being sued at least once. Among OB/GYNs and general surgeons aged 55 and older, nearly three-quarters had faced malpractice claims, the data show.

The American Medical Association’s (AMA) 2024 Physician Practice Benchmark Surveys found that 28.7% of U.S. physicians reported facing a malpractice lawsuit at some point in their careers, down from 34% in 2016.

AMA President Dr. Bobby Mukkamala said the persistent threat of lawsuits challenges physicians, increases practice expenses, and drives up healthcare costs by reinforcing defensive medicine. The AMA’s second report, which analyzed data from Medical Liability Monitor and was published in April 2026, indicated that medical liability insurance premiums have risen steadily since 2019 for high-risk specialties such as general surgery, OB/GYN, and internal medicine. Nearly 40% of insurers surveyed reported premium increases for 2025, continuing a multi-year trend not seen in two decades, the AMA said.

The rising premiums place a financial burden on physicians and contribute to escalating healthcare expenses nationwide, officials said. Despite the high risk, many claims are dropped or dismissed, with most cases finding no fault with the physicians involved, emphasizing the persistent risk even when errors are not present. The AMA’s Division of Economic and Health Policy Research highlighted that claim frequency varies by specialty, gender, age, Census Division, and employment status, based on nationally representative data collected from 2016 to 2024. Male physicians are at higher risk than their female counterparts, with surgical fields like OB/GYN and general surgery most affected.

The AMA’s analysis includes both paid and unpaid claims, providing a more comprehensive picture than insurer data alone, which may not capture all claims. According to the research, the long-term risk of being sued is substantial, with earlier AMA preview findings showing that about 31% of physicians have faced lawsuits over their careers. The lowest litigation risks were reported in specialties such as endocrinology (8.9%) and psychiatry (9.2%), while radiology also faces a relatively higher risk, as noted in AMA research highlighted by Radiology Business.

Physicians aged 45 to 54 reported a 22.2% risk of facing at least one claim, bridging the gap between younger and older cohorts. The overall decline in claim frequency—from 34% in 2016 to 28.7% in 2024—suggests a downward trend, though the cumulative career risk remains significant. Regional variations in claim frequency were observed across Census Divisions, though the AMA report did not provide detailed breakdowns. Employment status also influences the likelihood of claims, according to the full report released by the AMA.

Dr. Mukkamala noted that the fear of litigation drives defensive medical practices, which in turn increase patient costs. The AMA’s findings on premium hikes for 2025, particularly in surgery and OB/GYN, are based on insurer surveys and reflect ongoing financial pressures in these specialties. The AMA has called for reforms to address the persistent lawsuit risk and rising premiums that continue to burden physicians and contribute to higher healthcare expenses.

Historically, the AMA’s research points to changes in short-term risk over the past decades, with 1996 data showing different patterns. However, the cumulative exposure over a physician’s career remains a critical factor in malpractice risk. The reports published in April 2026 in outlets such as Claims Journal, Insurance Journal, and Healthcare Dive provide detailed insight into medical liability claim frequency and insurance premium trends, underscoring the need to address liability issues to help control healthcare costs nationwide.